There are a lot of different ways to get paid for your songs, whether you write

How Songwriters, music, write lyrics, sing, or perform an instrument. Copyright law affects each
of these roles differently, but once you know the basics and how you might

Composers, and partner with various businesses or organizations, you’re on your way to
getting paid for the use of your music. Whether your music is used on AM/FM

Performers radio, a streaming service like Spotify, a podcast, a Facebook live concert, or in
a TV show or movie—copyright law can affect how licenses are obtained, who

Get Paid gets paid, and how those royalties are distributed.
As you read this guide, we suggest starting with “Copyright and Music:
Breaking It Down” and then reading the section or sections that apply to you.
Information You may also want to read “A Note on Song Data” to understand how the
provided by:
music industry uses unique identifiers to better recognize different songs,
authors, publishers, and other contributors for licensing or royalty payments.
While this guide is intended to give you some important background
information, it is not intended to be legal advice. As always, it is important to
consult a qualified attorney before signing any contracts.

Sections
Copyright and Music: Breaking It Down page 2
I’m a Songwriter—How Do I Get Paid? page 4
I’m a Performer—How Do I Get Paid? page 8
I’m a Producer, Mixer, or Sound Engineer—How Do I Get Paid? page 11
A Note on Synchronization Rights (Audiovisual Works) page 12
A Note on Song Data page 12
How to Protect Your Work Through Copyright Registration page 14
Copyright and Music:
Breaking It Down
A song involves two distinct works
protected by copyright: a musical work
and a sound recording.
A musical work is a song’s underlying composition (think
musical notes on sheet music) along with any accompanying
lyrics. Composers and lyricists are both songwriters. If you’re
a songwriter, see the next page on some basics of how to get
paid for your works.
Note: Creative works expressed in words without an
accompanying musical composition, e.g., non-music
spoken word, podcasts, and comedy routines, are
commonly available on streaming and download services.
These works are protectable under copyright, but are not
“musical works” and are subject to different licensing rules.
A sound recording is a series of musical, spoken, or other
sounds created by the performer who is being recorded, the
record producer who processes and fixes the sounds, both,
or even another entity if the work qualifies as a “work made
for hire,” such as if it was prepared for your employer or
specially commissioned for a compilation. Sound recordings
include the audio files exported from your digital audio
workstation or, historically, the audio recorded on magnetic
tape. If you’re a performer who contributed to a sound
recording, see the following pages on how to get paid for
your work. We’ve also added a section for producers, mixers,
or sound engineers who were part of the creative process to
make a sound recording.
2
Generally, copyright grants authors the rights to:
• r eproduce the work (e.g., pressing CDs or vinyl or copying
an MP3);
• p
 repare derivative works (e.g., interpolations, sampling/
remixes, or “synchronizing” music in audiovisual works,
including movies or commercials);
• d
 istribute copies of the work (e.g., selling or giving away
CDs or downloads to the public );
• p
 ublicly perform the work (e.g., performing your song in a
local venue or having your song played on the radio); and
• publicly display the work (e.g., displaying your lyrics online).

But owners of sound recordings do not have all of these

rights. Sound recordings have no public display right and
the public performance right for sound recordings in the
United States is limited to digital audio transmissions, e.g.,
on internet streaming services or on satellite or cable radio.
This means that traditional AM/FM radio stations do not have
to get permission (or pay royalties) to publicly perform sound
recordings. For more information on sound recordings, see
Sound Recordings vs. Musical Works at copyright.gov/music-
modernization/sound-recordings-vs-musical-works.pdf
and Copyright Registration for Sound Recordings (Circular 56) at
copyright.gov/circs/circ56.pdf.

3
I’m a Songwriter—How Do I Get Paid?
In the United States, songwriters can license their
musical works (music and lyrics) themselves or,
more commonly, assign the rights in their works
to publishers and license their public performance
rights (including their share of such rights) to
performing rights organizations (PROs). The most
popular U.S. PROs are ASCAP, BMI, SESAC, and GMR.

Affiliate with a Publisher or Publishing Administrator

Often, songwriters partner with music publishers to help get paid for the use
of their songs. Music publishers can license a songwriter’s works, register the
songwriter’s songs with performance and mechanical rights organizations,
monitor use of the works, and collect and distribute royalties. These music
publishing licenses can include using musical works in sheet music, in
recorded music, in commercials, television and movies, video games, bars
and restaurants, and many other possibilities. Publishers may also help a
songwriter with other matters, including advances, securing commercial
recordings of the songwriter’s music with recording artists, providing career
advice, and enforcing the songwriter’s rights when their works are infringed.
Songwriters and publishers use contracts to establish the specifics of their
relationship. The question of which publisher to use and what the contract
should include are very important choices in a songwriter’s career.
(continued)
4
In a traditional publishing arrangement, the songwriter assigns the copyright
interest in a song to the publisher, who distributes a portion of royalties to the
songwriter (the “songwriter’s share”) and retains a portion as compensation
(the “publisher’s share”). In addition to traditional songwriter-publisher
agreements, songwriters may engage in other types of agreements, including
co-publishing, administration, or sub-publishing agreements to license their
works and collect their royalties.

A co-publishing agreement is an arrangement by which songwriters do

not assign the entirety of their copyrights to a publisher and instead retain a
percentage of the copyright for their own publishing company. This relationship
allows the songwriter to keep a greater share of royalties as they are able to
retain a portion of the publisher’s share.

A sub-publisher agreement typically involves using a foreign publisher

to represent and exploit a songwriter’s musical works in a foreign country.
The sub-publisher will engage in all of the services that a domestic publisher
provides including collecting and licensing performance, mechanical,
synchronization, and print income rights.

An administration agreement is an arrangement by which a publisher or

publishing administrator is not assigned the songwriter’s copyrights, but
performs administrative duties (e.g., registration, licensing, royalty collection, and
income distribution) for a fee, usually measured as a percentage of the royalties
collected. With traditional publishers, an administration agreement is also more
commonly available to commercially successful songwriters, but can be entered
into by any songwriter with a willing publisher or administration company.

A songwriter may self-administer and perform the functions a publishing

administrator would typically manage.

5
Affiliate with a PRO
PROs help both songwriters and publishers by licensing, on
a non-exclusive basis, musical works’ public performance
rights. PROs most commonly bundle performance rights from
different songwriters and license all of those rights together
to AM/FM radio stations, television, streaming services, bars
and restaurants, arenas, and to other users who want to
publicly perform musical works. For a songwriter or publisher
to get paid by a PRO, they must sign an agreement that
allows the PRO to license their musical works (or musical
work share) and collect and distribute that share of musical
work performance royalties. PROs typically pay songwriters
and publishers their royalties directly, as opposed to the
publisher collecting the full amount of royalties and then
paying the songwriter. Note that, because PROs are only
granted performance rights on a non-exclusive basis,
copyright owners retain the right to engage in direct licensing
with users. The most-often used U.S. PROs are ASCAP, BMI,
and the invitation-only SESAC and GMR.
Information on these PROs can be found at:
ASCAP, ascap.com BMI, bmi.com
SESAC, sesac.com GMR, globalmusicrights.com
Register with the MLC
In addition to voluntary licenses, U.S. copyright law also has
compulsory licenses, which means that the license is governed
by statute, not contract, and songwriters or publishers
cannot normally decline the license request. In the United
States, the “mechanical” compulsory license under section
115 of the Copyright Act, allows others to reproduce and
distribute musical works via audio only distribution (e.g., a CD,
download, or interactive stream). It does not include the rights
to reproduce or distribute sound recordings of a composition,
which must be licensed separately). For digital uses of the
mechanical license, such as interactive streaming and digital
downloads, the government has designated the Mechanical
Licensing Collective (MLC) as the nonprofit collective that will
collect and distribute digital mechanical royalties under the
mechanical compulsory license, starting in 2021.
(continued)
6
To get paid under the mechanical compulsory license for
digital uses of musical works, including for interactive
streaming and digital downloads, you must make sure that
the MLC has identified your songs in its database, matched
those songs to recordings being streamed or downloaded,
has identified you as the work’s owner (or co-owner), and
has your payment and tax information. You can do this by
registering with the MLC using its online claiming portal.
Registering with the MLC does not prevent you from
affiliating with other services to facilitate mechanical (or
other) licensing, as voluntary licensing remains permitted
under the MMA. Subscribe to the Copyright Office’s MMA
newsletter to keep track of MLC updates.
The MLC’s website can be found at TheMLC.com.
For more information about the MLC and to sign up
for the Office’s MMA newsletter, visit copyright.gov/
music-modernization/.
Register or Record Your Musical Works with the
Copyright Office
Registering your works with the MLC does not mean you
have registered your work with the Copyright Office. That
is a different process that has a number of other benefits.
Importantly, for all domestic works, registration is required
for U.S. authors to go to court to enforce their rights and to
be eligible for statutory damages and attorneys’ fees. Learn
more in our Copyright Registration circular at copyright.gov/
circs/circ02.pdf.
While record labels or mechanical licensing agents, such as
the Harry Fox Agency (HFA) or Music Reports, frequently
engage in direct licensing or “clearance” of uses of musical
works, to ensure that you are due a royalty under the
mechanical compulsory license for non-digital uses of musical
works, such as for pressing vinyl records or CDs, you must
be identified in the registration or other public records of the
Copyright Office, such as its archive of transfers of ownership
and other recorded documents. While the MMA updated the
mechanical compulsory license system for digital uses, the
system for physical uses did not substantially change.
Register your works here: copyright.gov/registration
Record your musical works here: copyright.gov/
recordation/domw/
7
I’m a Performer—How Do I Get Paid?
Sign with a Record Label or Use an Aggregator
or Distributor
In the United States, sound recordings are created by a record label,
performer, or record producer, but no matter who originally authored
the sound recording or “master,” it is commonly the record label that
ends up in charge of licensing the work. Record labels promote the
recorded song, engage in licensing, monitor the recording’s use, and
collect and distribute royalties. These licenses can include use in records,
MP3s, CDs, digital streaming services, commercials, television and
movies, video games, and many other possibilities. Record labels may
also help performers with other matters, including providing advances,
providing career advice, and enforcing artists’ rights when their works
are infringed. Performers and record labels use contracts to establish
the specifics of their relationship.

As noted above, sound recordings have different rights than

musical works. The public performance right for sound recordings
is limited to digital audio transmissions like on Spotify, Apple Music,
or Sirius XM. This means that AM/FM radio stations, bars and
restaurants, and other live venues do not have to get permission
(or pay royalties) to publicly perform sound recordings.

(continued)

8
Performers can either be a featured artist, non-featured vocalist (e.g., backup
singer), or non-featured musician (e.g., a session musician). As discussed
below, under the sound recording compulsory license, a “featured” artist
is the artist who is most prominently highlighted on a song, i.e., the “main”
or “primary” artist. Under this compulsory license, other performers are
considered “non-featured.” For example, in the song “Juice” by Lizzo, the
featured artist is Lizzo, a non-featured vocalist is Theron Thomas, and a non-
featured musician is Ricky Reed.

Some copyright owners, often independent or DIY sound recording creators,

use music aggregators or distributors to distribute their music to digital music
providers, such as iTunes, Amazon Music, and Spotify. These distributors
may provide other services, such as registering works with SoundExchange
or foreign “neighboring rights organizations” 1 and helping obtain unique
identifiers (e.g., ISRCs, UPCs, etc.). Like record labels, aggregators and
distributors use contracts to establish the specifics of their relationship with
copyright owners. Aggregators and distributors may charge an upfront fee,
a recurring fee, or a percentage of your royalty income for their services.

Register with SoundExchange (as a featured artist) or

the AFM and SAG-AFTRA Intellectual Property Rights
Distribution Fund (as a non-featured artist)
In addition to voluntary licenses, U.S. copyright law also has compulsory
licenses, which means that the license is governed by statute, not contract,
and performers or labels cannot normally decline the license request. In the
United States, there is a compulsory license for using sound recordings in
non-interactive webcasting and for certain satellite and cable radio streaming
under section 114 of the Copyright Act.
(continued)
1
Rights governing sound recordings may be called “neighboring rights” in foreign countries. 9
When a service takes advantage of this compulsory license, royalties
are paid to SoundExchange, a collective management organization (CMO)
designated by the government to collect and distribute royalties via a
predetermined statutory split. Copyright owners (often record labels) receive
50 percent of these royalties, while featured artists receive 45 percent, and
non-featured musicians and non-featured vocalists receive 2.5 percent
each. Note that non-featured musicians and vocalists are paid through the
American Federation of Musicians (AFM) and Screen Actors Guild – American
Federation of Television and Radio Artists (SAG-AFTRA) Intellectual Property
Rights Distribution Fund. Also note that SoundExchange collects royalties for
some non-music sound recordings, such as comedy routines.

To get paid under the sound recording compulsory license as a copyright

owner or featured artist, you must register with SoundExchange, the
nonprofit collective designated by the government to collect and distribute
royalties under this compulsory license. SoundExchange will ask you for
information about your work, co-performers, proof of identification, and
payment, bank, and tax information.

If you are a non-featured vocalist or musician, you should register with the
AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund to get paid
any statutory royalties due. Note that you do not have to be a member of
AFM or SAG-AFTRA to be entitled to receive royalties from the Fund.

Register with SoundExchange at soundexchange.com

Register with AFM & SAG-AFTRA Intellectual Property Rights

Distribution Fund at afmsagaftrafund.org

10
I’m a Producer, Mixer,
or Sound Engineer—
How Do I Get Paid?
In the United States, producers, mixers, or sound engineers
who are not copyright owners, but who were part of the
creative process to make a sound recording, get paid
according to their contract. They may also get royalties for
their contributions through the sound recording compulsory
license, if either:

1. t he featured artist directs SoundExchange to pay a portion

of their royalties to the producer, mixer, or engineer via a
“letter of direction”; or

2. f or sound recordings fixed before November 1, 1995,

if both the qualified contributor and SoundExchange
attempt to obtain a letter of direction through a formal
process and the featured artist does not make an
affirmative objection.

For more information on the letter of direction process,

contact SoundExchange at soundexchange.com.

11
A Note on Synchronization Rights
(Audiovisual Works)
When someone incorporates a musical work or sound
recording into an audiovisual work—such as a film, television
program, advertisement, or video game—they have to obtain a
separate license for those rights. A license to the composition
is commonly referred to as a “synchronization” license, often
shortened to a “sync” or “synch” license. A corresponding
license to the sound recording is often referred to as a “master
use license.” Synchronization refers to the use of music in
“timed-relation” to visual content. There is no synchronization
or master use compulsory license. The mechanical compulsory
license does not apply to audiovisual works, including movies,
television, and even online video streaming, because it only
applies to making and distributing “phonorecords.” Under the
Copyright Act, phonorecords include sounds fixed in CDs, vinyl,
or MP3s, but, by definition, exclude any sounds “accompanying
a motion picture or other audiovisual work.” 2 Copyright
owners or their representatives will negotiate voluntary
synchronization licenses directly in the free market.
A Note on Song Data
When tracking how songs are used on streaming services to
make sure creators are paid accurately, everyone appears to
agree that using unique identification numbers to recognize
both musical works and sound recordings is essential to an
efficient licensing system. Two of the most common unique
identifiers for music are the International Standard Musical
Work Code (ISWC) for musical works and the International
Standard Recording Code (ISRC) for sound recordings.
Other identifiers include the Interested Parties Information
(IPI) code for musical work creators and publishers and the
International Standard Name Identifier (ISNI) for creators of
all types.
(continued)

Note: Some online platforms that host user-uploaded

video content will rely on copyright law’s “safe harbor”
provisions to insulate themselves from copyright
infringement liability. For more information on this law,
please see the Copyright Office’s 2020 report “Section 512 of
Title 17,” at https://www.copyright.gov/policy/section512.

2
17 U.S.C. §§ 101, 115(e) (definitions of “phonorecord” and “digital phonorecord delivery”). 12
ISWCs for Musical Works: An ISWC is used to identify a
musical work and its composers, authors, and arrangers.
Musical work owners get ISWCs through local or regional
issuing agencies, e.g., PROs. The regional issuing agency for
the United States and Canada is operated by ASCAP. You do
not have to be affiliated with ASCAP to get an ISWC, but you
must be registered with a PRO and will need the following
information:
1. the title of the work;
2. w
 hether the work is a derivative work (a work based on or
derived from one or more already existing works, e.g., an
arrangement of a preexisting musical work);
3. the work classification code 3 (assigned by your PRO); and
4. t he identification of all composers, authors, and arrangers
of the work and their Interested Parties Information (IPI)
codes.
IPIs for Musical Work Creators and Publishers: An IPI code
is used to identify the individuals or entities associated with
particular musical works. Your IPI code can be obtained from
your PRO. Once a writer’s or a publisher’s membership in a
PRO is accepted, the PRO will obtain an IPI for that member.
Note that a writer who uses multiple pseudonyms will have
multiple IPI codes.
3
ISWC work classification codes indicate the type of work, including if the work is a
composite (incorporates another work), version (original or based on another work), or
excerpt (part of a larger work).
ISNIs for Creators: An ISNI code is similar to the IPI in that it
identifies contributors to creative works, but it is not limited
to musical work composers, authors, and arrangers. An ISNI
code can also be used to identify performers, producers,
publishers, visual creators, aggregators and more. It can
be obtained from several registration agencies, including
SoundExchange, YouTube, and Soundways. To obtain an ISNI,
you will need to provide:
1. a “public identity” or name;
2. date and place of birth and or death (for people);
3. c lass (type of work) and roles (author, performer,
publisher, etc.),
4. title; and
5. a link to more detailed information about the public entity.
ISRCs for Sound Recordings: An ISRC is used to identify a
sound recording or music video and its artist. Record labels
or “ISRC Managers” (e.g., music distributors, aggregators, or
sound engineers) commonly assign ISRCs to recorded music.
To obtain an ISRC, you will need to provide your label or ISRC
Manager with:
1. a track title; and
2. the name of the featured artist.
13
How to Protect Your Work
Through Copyright Registration
If you want to protect your work, you should consider the benefits of
copyright registration. Before a copyright owner can go to court to enforce
their rights in a domestic work, they must register the work with the U.S.
Copyright Office. When registration is made prior to infringement or within
three months after publication of a work, a copyright owner is eligible
for statutory damages, attorneys’ fees, and costs. For more information,
see Circular 2: Copyright Registration and Circular 56A: Copyright
Registration of Musical Compositions and Sound Recordings.

United States Copyright Office 101 Independence Avenue SE

Library of Congress Washington, DC 20559-6003 copyright.gov

Revised: July 2022